# The Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 2005

S.R. 2005/15 · made 13 January 2005

These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to set out the exceptional circumstances in which a person who is not incapable of work in accordance with the personal capability assessment is nevertheless to be treated as incapable of work.

Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 167D, Section 171)

PDFs: Printed copy https://openlegislation.uk/social-security-incapacity-for-work-general-amendment-regulations-northern-ireland-2005/pdf/nisr_20050015_en.pdf

## Introductory text

SOCIAL SECURITY
Made 13th January 2005
Coming into operation 10th February 2005
The Department for Social Development, in exercise of the powers conferred by sections 167D(1) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and now vested in it, and of all other powers enabling it in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the Social Security (Incapacity for Work) (General) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 10th February 2005.

## 2 Amendment of the Social Security (Incapacity for Work) (General) Regulations

For regulation 27 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (exceptional circumstances) there shall be substituted the following regulation –
“27. A person who is not incapable of work in accordance with the personal capability assessment shall be treated as incapable of work if –
(a) he suffers from a previously undiagnosed potentially life-threatening condition;
(b) he suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found capable of work;
(c) he suffers from a severe uncontrolled or uncontrollable disease; or
(d) he will, within three months of the date on which the doctor examines him, have a major surgical operation or other major therapeutic procedure.”.

## 3 Revocations

Regulation 4(8) of the Social Security (Incapacity for Work and Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and regulation 2(13) of the Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 are hereby revoked.

## Signature

Sealed with the Official Seal of the Department for Social Development on 13th January 2005.
L.S.
John O'Neill
A senior officer of the
Department for Social Development

## Explanatory note

(This note is not part of the Regulations.)
These Regulations further amend the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to set out the exceptional circumstances in which a person who is not incapable of work in accordance with the personal capability assessment is nevertheless to be treated as incapable of work.
Regulation 3 makes consequential revocations.
These Regulations do not impose a charge on business.

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Source: https://www.legislation.gov.uk/nisr/2005/15 (the official version)
Page: https://openlegislation.uk/social-security-incapacity-for-work-general-amendment-regulations-northern-ireland-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.